Application under Section 19 RDB Act allowed for recovery certificate. Court found evidence undisputed and sufficient to prove loan defaults. Interest rates fixed at 10% and 8% simple rates.
Recovery certificate issued for aggregate sum of Rs. 36,12,179.84 with interest at 10% and 8% simple rates to be realized from defendants jointly and severally.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL II, BENGALURU
Dated this 25th Day of November, 2025
Present: Sri. T. RAJESH Presiding Officer
OA.No.511/2022
BETWEEN:
Bank of Baroda, Devaldakere, Hassan District, Rep. by its Branch Manager,
…APPLICANT
AND:
...DEFENDANTS
Counsel on record/appeared for:
Applicant : Sri. Nagaraj Damodar Defendant No.1 : Sri. Mahendra G (WS Closed) Defendant No.2 : Exparte
OA 511/2022
2
FINAL ORDER
OA 511/2022
3
created mortgage and hypothecation over the schedule property.
1 filed a vakalat through his counsel but failed to file the written statement within the stipulated time; accordingly, his right to file the written statement was closed on 20.04.2023. Service of summons on Defendant No. 2 was also completed, but he failed to appear; hence, he was called absent and set ex parte on 20.04.2023.
OA 511/2022
4
ii) If so, to what extent?
Both these issues are gone into and decided together.
to the conclusion that the OA is liable to be allowed.
OA 511/2022
5
12. Since the OA claim has been arrived at by calculating
interest, including default interest, and as the facilities were availed in respect of a vehicle loan, the pendente lite and future interest are awarded at simple rate of 10.00%. For the remaining credit facilities, the pendente lite and future interest are awarded at a reduced simple rate of 8.00%. The prayer for interest with
monthly rests and for penal interest for the future period is hereby declined.
of Rs. 36,12,179.84 (Rupees thirty-six lakh twelve lakh one hundred seventy-nine and paisa eighty-four only) consisting of:
a) Rs. 10,57,658.30 (Rupees ten lakh fifty-seven thousand
six hundred fifty-eight and paisa thirty only) with pendente lite and future interest of 10.00% p.a. (simple),
b) Rs. 9,60,662.18 (Rupees nine lakh sixty thousand six
hundred sixty-two and paisa eighteen only) with pendente lite and future interest of 8.00% p.a. (simple),
OA 511/2022
6
thousand eight hundred fifty-nine and paisa sixty-six only) with pendente lite and future interest of 8.00% p.a. (simple),
from the date of filing of the OA till the realization, from the Defendants jointly, severally and personally after giving credit to all the amounts recovered and received during the pendency of the OA if any, and allow the same to be recovered by proceeding against the schedule properties. Properties schedule to the OA be the schedule to the Recovery Certificate.
ii) If the sale proceeds are not found sufficient to clear the loan amount due from Defendants jointly, severally and personally, then the Applicant bank is at liberty to proceeded against their other assets for the recovery of the balance due.
iii) The applicant bank is allowed cost of the proceedings
for which Applicant to file cost memo within seven days from the date of receipt of the order.
iv) The Recovery Certificate to be drawn in terms of this order and transferred to Recovery for execution.
v) Interim application pending, if any, stands disposed of
in terms of this final order.
OA 511/2022
7
14. Communicate a copy of the order to the parties concerned
in terms of Section 19(21)(i) of the RDB Act, read with Rule 16 of DRT (Procedure) Rules, 1993.
(Dictated to PY directly on the Computer, after its transcription, corrected and pronounced by me in the open Court on this the 25th day of November, 2025)
Sd/(T. RAJESH)
PRESIDING OFFICER
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Sri. Gadiraju Venkata Rama Phani Kumar, Branch
Manager, of Applicant Bank.
Exhibits on the part of the Applicant:
| Exhibit | Date | Particulars of Documents |
|---|---|---|
| Nos. | ||
| A1 | -- | Evidence affidavit |
| A2 | -- | List of documents |
| A3 | 27.04.2018 | Loan Application |
| A4 | 27.04.2018 | Sanction letter |
| A5 | 27.04.2018 | Loan agreement cum hypothecation deed |
| A6 | 27.04.2018 | Letter of Guarantee |
| A7 | -- | Statement of Assets and Liability for individual |
| A8 | -- | Letter of Surrender |
| A9 | 30.03.2019 | AOD |
| A10 | 16.01.2017 | Loan Application |
| A11 | 16.01.2017 | Sanction Advice |
OA 511/2022
8
| A12 | 16.01.2017 | Sanction letter |
|---|---|---|
| A13 | 16.01.2017 | Loan agreement cum hypothecation deed |
| A14 | 16.01.2017 | Undertaking letter |
| A15 | 16.01.2017 | Undertaking letter |
| A16 | 17.07.2012 | Registered simple mortgage deed |
| A17 | 16.01.2017 | Letter of guarantee |
| A18 | 30.03.2019 | AOD |
| A19 | 16.01.2017 | Loan Application |
| A20 | 01.02.2017 | Sanction letter |
| A21 | 01.02.2017 | Loan agreement cum hypothecation deed |
| A22 | 31.01.2017 | Registered simple mortgage deed |
| A23 | 01.02.2017 | Letter of guarantee |
| A24 | 30.03.2019 | AOD |
| A25 | 19.03.2020, 10.02.2021, 17.02.2021, & 03.03.2021 |
Notice |
| A26 | 14.08.2021 | Legal notice |
| A27 | 20.01.2021, 09.02.2021, 24.02.2021, 02.03.2021, & 28.04.2021 |
Notice |
| A28 | 14.08.2021 | Legal notice |
| A29 | 17.02.2021 & 03.03.2021 |
Notice |
| A30 | 14.08.2021 | Legal notice |
| A31 | -- | Demand Notice |
| A32 | -- | Statement of account |
| A33 | -- | Statement of account |
| A34 | -- | Statement of account |
OA 511/2022
9
| A35 | -- | Certificate under |
Bankers | book |
|---|---|---|---|---|
| evidence act |
Witness Examined for the Defendants: -Nil - List of Documents Exhibited for the Defendants: -Nil -
Sd/-
(T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the OA claim as against the defendants?
If so, to what extent?
1 provisions across 1 enactments
Bank of Baroda
Sri. Vijay Kumar D. B.
Sri. Girish H. A.
T. RAJESH
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
